Elliott v. USDA, No. 17-995, 2018 WL 3382907 (D. Md. July 11, 2018) (Messitte, J.)

Elliott v. USDA, No. 17-995, 2018 WL 3382907 (D. Md. July 11, 2018) (Messitte, J.)

Re:  Request for property records

Disposition:  Granting defendant's motion for summary judgment

• Litigation Considerations, Exhaustion of Administrative Remedies:  "Where, as here, the undisputed evidence establishes that the request was not properly submitted because it was never received by the agency, judicial review of the non-response is unavailable."  The court holds that the plaintiff's "lawsuit was filed prematurely and must be dismissed."